Before Marriage Requirements And Law

There are many different before marriage requirements. Each state has its own laws regarding premarital procedures, including blood tests, waiting periods before marriage, and other requirement for marriage license. Because state laws in this area change rapidly, many states have eliminated blood tests and physical exams. People should check with the county marriage license bureau office or county clerk’s office before making any wedding or travel plans to be sure that they are complying with marriage law requirements.

The marriage license requirements for a man and a woman to marry vary from state to state. Although there are differences between the various states, a marriage between a man and a woman performed in one state must be recognized by every other state under the United States Constitution. But some requirements set by state law can include some of the following. A marriage license issued by the county clerk or clerk of the court is usually a part of the process. Another requirements for marriage license is that both man and woman are 18 or older, or have the consent of a parent or a judge if younger.

There are also certain medical requirements that have to be completed such as proof of immunity or vaccination for certain diseases. Most states have done away with mandatory physical exams or blood tests. Some states still require for venereal diseases such as syphilis, and some also test for rubella, tuberculosis, and sickle-cell anemia. Another key component will be the proof of the termination of any prior marriages by death, judgment of dissolution (a.k.a. divorce) or annulment. The applicants should be of sufficient mental capacity, which is often determined as the ability to enter into a contract. Marriage always requires two consenting people. If either person does not understand what it means to be married, then that person does not have the capacity to consent and the marriage is not valid.

As would be expected in the requirements for marriage license, the couple cannot be close blood relatives. Close blood relatives cannot marry in any state, although in some states, first cousins can marry. Of the states that allow first cousins to marry, some also require that one of the cousins no longer be able to conceive children to prevent genetic issues from occuring. Due to the rise in HIV and AIDS, many states now require that an HIV test be provided with information on AIDS and tests available. Presently, no states requires a mandatory premarital HIV or AIDS test.

Some marriage license requirements need a waiting period from the time the marriage license is issued to the time the marriage ceremony is performed. Most states require a waiting period which is generally one to five days, between the time the license is issued and the time of the marriage ceremony. The purpose of the waiting period is to give a short time for the parties to change their minds if they wish. The waiting period can be waived. This summary of the before marriage requirements should be helpful to couples.

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    January 2015
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